ter; Mr. W. Craven, Halifax; Mr. Wigley, Aberayron; and Mr. H. L. Penprase, Assistant Clerk to the Justices of Truro. I am also under some obligation to the following works and publications, from which a large portion of the Forms has been collected and adapted, viz.: Burn's Justice, 28th and 29th edit.; Archbold's J. P. 4th edit. (1846); Arch. Cr. Ev. & Pl. by Jervis; J. Stone's Petty Sessions, by Westoby; S. Stone's Hand-book of Informations, 2nd ed.; Bench Formulist (1846); Shelford on Highways (1845); Justice of the Peace; Law Times; Robinson's Formularies; Toone's Magistrate's Manual, 4th ed.; and other smaller Works on distinct statutes, as well as to a few of the blank Forms published by Messrs. Shaw and Sons, Fetter Lane; and I have generally, throughout the following pages, referred in the Forms given to the Books of Practice as well as to my "Synopsis," it being no part of the present work to supersede the necessity of referring to such books for further information; but where no such reference is given to a work or other authority, the Forms have been either entirely remodelled and adapted to those in approved use, in the manner before mentioned, or have not before been published. In the two Chapters of General Forms (Chap. I. of Parts I. and II.), there is a large number of original useful Forms not given in Jervis's Acts, and which appear for the first time in this Collection; and the greater part of those in Chap. II. of Part II. formed a portion of an Appendix of Forms to a MS. "Analysis of Indictable Offences," prepared by me in the year 1846 for publication, but abandoned. At the conclusion I have added a few "Miscellaneous Forms," not strictly belonging to either of the three classes into which the work is divided, but some of them having appeared in other magisterial books, it has been deemed necessary to insert them to render the work complete.

As to the size and bulk of the present work, I have endeavoured to compress it within moderate limits, but at the same time to make it complete, as well as practical, in the arrangement of the several parts composing each of the various Precedents; and I have not deemed it necessary, in giving numerous Special Forms, to swell the work by setting them

out or repeating them at full length each time they are introduced or incorporated with the General Form, but I have instead referred to the General Form to be used, and stated the requisite variations or additions to be made in it. In Special Sessions Matters, and others, not within the operation of Jervis's Acts (and comprised in Part III.), where the Forms are necessarily various and dissimilar in frame, it has been found impossible by any means to shorten many of them required for frequent use, and that alone has increased the bulk of the work over the anticipated size; but this it is hoped will be compensated by having a complete work of Precedents, to which facility of reference is given by a copious Index and a Table of Contents.

In conclusion, I would refer the reader to the "Introduction" which precedes the Forms.

NEWMARKET,

8th February, 1850.

G. C. O. (a)

(a) At this time Assistant Clerk to the Newmarket Bench of Justices.

CONTENTS.

A LIST of all the necessary Magisterial Forms required to be printed or

purchased for use, p. xxiii.

INTRODUCTION.

PRELIMINARY OBSERVATIONS, pp. 1, 2.

1. ON THE PROVISIONS IN JERVIS'S ACTS AS TO FORMS, p. 2-11.

What 11 & 12 Vict. c. 43 (Summary Convictions and Orders)

applies to, 2; exception clause, 3; what 11 & 12 Vict. c. 42

(Indictable Offences) applies to, 3, 4; special provisions appli-

cable to the forms as to the place of justices exercising jurisdic-

tion, 4, 5; backing of warrants, 6; relative to indictable offences

only, 5, 6; when convictions and orders in Jervis's Act, c. 43, to

be used, 7; other forms, 7; provisions as to objections to forms,

7; effect of variances between information and evidence in sum-

mary convictions, 7; information or complaint recommended to

be in writing in all cases, 8; the protection of justices in the use

of forms, 8—11; general provisions as to form of action, notice,

&c. 9, 10; particular provisions applicable to the acts of justices,

10, 11.

2. ON THE ARRANGEMENT OF THIS COLLECTION OF PRECEDENTS,

p. 11-13.

Arranged in three parts, 11; the necessary variations made in the

forms throughout, 12; forms in matters within the exception

clause of 11 & 12 Vict. c. 43..13.

3. THE MANNER OF USING THE FORMS AND THE PROVISIONS OF

JERVIS'S ACTS THEREON, p. 13-21.

First, as to summary convictions, p. 13-17; Secondly, as to in-

dictable offences, p. 17-19; points, in preparing other forms

not given, 19-21.

PART I.

SUMMARY CONVICTIONS AND ORDERS.

CHAP. I.

GENERAL FORMS OR OUTLINES.

The figure, as 1, before the Description of the Form, is the Number prefixed

to it in the body of the Work.

SECT. 1.-INFORMATIONS AND COMPLAINTS, p. 23-26.

1. Information or complaint, with or without oath, with variation when

substantiated by another person than the informant, prosecutor

or complainant, 23; description of justices, 23, 24; 2. Deposition

on charge or complaint substantiated on a warrant being granted

on disobedience of a summons, 24; 3. Information at the suit of

an informer, 25; 4. Information for a second offence, 25; 5. In-

formation for a third offence, 25; 6. Information against an aider

or abettor, with or without the principal, 26; 7. Information

against a counsellor or procurer, 26.

SECT. 2. THE PROCESS TO ISSUE TO DEFENDANTS, pp. 26, 27.

8. Summons to the defendant upon an information or complaint, 26;

9. Deposition of the constable or other person of the service of

the summons, 26; 10. Warrant where the summons is disobeyed,

26; 11. Warrant in the first instance, 27; 11 a. Indorsement in

backing a warrant, 27.

SECT. 3.-REMANDING DEFENDANT, AND TAKING Bail, p. 28-30.

12. Warrant of committal for safe custody during an adjournment of

the hearing, 28; 13. Recognizance for the appearance of the

defendant where the case is adjourned or not at once proceeded

with, 28; 14. Notice of such recognizance to be given to the

defendant and his surety, 29; 15. Certificate of non-appearance

to be indorsed on the defendant's recognizance, 29; 16. Warrant

to remand a defendant when apprehended, 29: 17. Notice to the

complainant or informant of defendant's apprehension, and of day

of hearing, 29.

SECT. 4.-OF COMPELLING WITNESSES' ATTENDANCE, &c. p. 30—33.

18. Deposition that a person is a material witness, 30; 19. Summons

of a witness, 30; 20. Deposition of constable, or other person, of

service of the last summons, 30; 21. Warrant where a witness has

not obeyed a summons, 31; 22. Warrant for a witness in the first

instance, 31; 23. Commitment of a witness for refusing to be

sworn or to give evidence, 31; 24. Information to ground a sum.

mons or warrant against a witness not attending to give evidence

(where the particular statute imposes a penalty for such neglect)

in order to convict him, 32; 25. Conviction thereon where the

statutes require it, 32; 26. Commitment thereon, 33; 27. The

like information as No. 24, for refusing to be examined on oath of

affirmation, 33; 28. Conviction thereon, 33; 29. Commitment

thereon, 33.

SECT. 5.-THE HEARING AND ADJUDICATION, &c. p. 33-44.

30. Minutes of proceedings at the hearing with adjudication, 33;

31. Order of dismissal of an information or complaint, 34;

32. Certificate of dismissal, 35; 33. Minute of order of dismissal

for service, 35; 34. Warrant of distress for costs upon an order

for dismissal of an information or complaint, 35; 35. Indorsement

in backing a warrant of distress, 36; 36. Constable's return to a

warrant of distress, 36; 37. Warrant of commitment for want of

distress in the last case, 37; 38. Warrant of commitment of com-

plainant for costs, immediate on confession of no goods, &c. 37;

39. Conviction for a penalty to be levied by distress, and in default

of sufficient distress, imprisonment, 39; 40. Conviction for a

penalty, and, in default of payment, imprisonment, 39; 41. Con-

viction when the punishment is by imprisonment, 39; 42. Con-

viction on view of a justice, 40; 43. Adjudication for a joint

offence where the penalty is severed among the defendants, 40;

43 a. Adjudication upon several defendants for a several offence

in one conviction where the penalty is the same to each, 41;

43 b. The like, a longer form recommended by counsel, 41;

43 c. Adjudication upon several defendants for a several offence

in one conviction where the penalty is different on each, 42;

43 d. Conviction for a second or subsequent offence, 42; 44. Order

for payment of money to be levied by distress, and, in default of

distress, imprisonment, 42; 45. Order for payment of money, and,

in default of payment, imprisonment, 43; 46. Order for any other

matter where the disobeying of it is punishable with imprison-

ment, 43.

SECT. 6.-ENFORCING CONVICTIONS AND ORDERS, p. 44—61.

1. Enforcing Convictions on Informations.-48. Warrant of commitment

on a conviction where the punishment is by imprisonment, 44;

49. Warrant of distress for costs upon a conviction where the

offence is punishable by imprisonment, 45; 50. Warrant of com-

mitment for want of distress, 46; 51. Commitment forthwith for

an additional term for the costs upon a conviction where the

offence is punishable by imprisonment, on confession of no goods,

&c., by the defendant, 46; 52. Warrant of commitment upon a

conviction for a penalty in the first instance, 48; 53. Warrant of

distress upon a conviction for a penalty, 48; 54. Commitment

forthwith upon a like conviction, where the distress would be

ruinous, or on defendant confessing he has no goods, 49; 55. Re-

cognizance of a defendant to appear on the return of a distress

warrant for penalty and costs, 50; 56. Indorsement in backing a

warrant of distress, 50; 57. Constable's return to a warrant of

distress, 50; 58. Warrant of commitment for want of distress, 51;

59. Commitment of a defendant for a consecutive period where

convicted on the same day of two or more offences, 51; 59 a. Com-

mitment upon a conviction for a second or subsequent offence,

adapted to where imprisonment only adjudged, or where a penalty

imposed, and imprisonment in default of payment, 52.

2. Enforcing Orders on Complaints.-60. Minute of order for service

before enforcing, 53; 61. Warrant of commitment on an order

where the disobeying of it is punishable by imprisonment, 54;

62. Warrant of distress for costs upon an order where the disobey-

ing of the order is punishable with imprisonment, 54; 63. War-

rant of commitment for want of distress, 55; 64. Commitment

forthwith for an additional term for the costs upon an order, 55;

65. Warrant of commitment on an order in the first instance, 56;

66. Warrant of distress upon an order for the payment of money,

56; 67. Commitment upon a like order where the distress would

be ruinous, or on defendant confessing he has no goods, 57;

68. Recognizance of a defendant to appear on the return of the

distress warrant, and notice thereof, 50, 58; 69, 70. Indorsement

in backing distress warrant, and constable's return, 36, 37, 58;

71. Warrant of commitment upon an order for want of distress,

58; 72. Liberatè or discharge of a defendant from gaol on pay-

ment of amount for which he was committed, &c. 59.

3. Enforcing Costs on Dismissal of Information or Complaint, p. 34—37.

4. Enforcing Costs of Conveyance to Gaol.-73. Distress warrant on

offender's goods, 59; 74. Gaoler's receipt for a defendant, 60;

75. Committing justice's order on the county treasurer for con-

stable's expenses of conveying a defendant to gaol, with variation

where amount included in the commitment under Jervis's Act,

and not paid, 60.

SECT. 7.-OF THE APPLICATION OF PENALTIES, &c. p. 61.

76. Account of the clerk of the justices at petty sessions, and of the

keeper of the gaol or house of correction, 61; 77. Register of

convictions and orders under 11 & 12 Vict. c. 43..61.